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High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

The appellant, defendant Nos.1 to 3 in the original suit, challenged the order of the First Appellate Court which had set aside the Trial Court's orde...

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High Court of Karnataka Allows Appeal in Property Suit — Rejection of Plaint Under Order VII Rule 11 CPC Set Aside. Court holds that a suit for declaration and injunction is not barred by limitation when the plaintiff is in possession and the cause of action is continuous.

The appellant, defendant Nos. 1 to 3 in the original suit, challenged the order of the First Appellate Court which had reversed the Trial Court's orde...

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High Court of Karnataka Dismisses Appeal in Property Dispute Between Sisters — Upholds Trial Court's Decree of Declaration and Permanent Injunction. Gift Deed by Father Confers Title to Plaintiff; Defendant's Claim of Adverse Possession Fails as Possession is Permissive.

The case involves a property dispute between two sisters, the appellant (defendant) and the respondent (plaintiff), over a house originally owned by t...

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Bombay High Court Considers Confirmation of Death Penalty and Appeals in Family Murders Case. Charges under Section 302 IPC for Killing Wife and Three Children Based on Circumstantial Evidence.

The Confirmation Case No.3 of 2005 and Criminal Appeal No.518 of 2005 arose out of the conviction of the accused Ajitsingh Harnamsingh Gujral by the A...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

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Bombay High Court Dismisses Writ Petition Challenging Deemed Conveyance Under MOFA. Lease Deed Authorizing Sublease Validates Competent Authority's Order Granting Deemed Conveyance to Cooperative Society.

The petitioner, Prakash Arun Apte, proprietor of M/s A.V. Apte & Company, challenged an order dated 28 August 2014 passed by the Competent Authority a...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...